Proudly Fighting for the Rights of Employees       throughout San Diego County

185 West F Street

Suite 430

San Diego, CA 92101


Contact Information

 Timothy M. Keegan

Phone: (619) 819-9396

Email: tim.keegan

@ceartaslegal.com

Fax: (619) 374-7389


Greg A. Klawitter

Phone: (619) 819-5120

Email: greg.klawitter

@ceartaslegal.com

Fax: (619) 374-7389

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Disclaimer: The information contained herein  is for informational purposes only. Each case  is different, and you should consult with a  lawyer for answers to your case specific  questions. Testimonials: (see more) I retained Ceartas Legal LLP because I was  discriminated against and retaliated against after  35 years of dedicated employment by my employer,  who happened to be one of the most famous and…
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San Diego Employee Misclassification Attorney



At Ceartas Legal LLP, our employment lawyers advocate zealously on behalf of employees throughout the region. If you believe that you have been the victim of employment misclassification, it is vital that you contact a skilled and experienced San Diego employment attorney at Ceartas Legal LLP. Failure to bring action against your current or former employer within the mandatory time frame will result in you forfeiting your right to obtain compensation for the financial harm you suffered.

Several legal issues arise as the result of employment misclassification. If you believe that your employer has improperly designated your employment relationship, please contact a seasoned San Diego employment lawyer at either (619) 819-9396 or (619) 819-5120 to make an appointment for a free, comprehensive consultation.

One of our experienced and caring attorneys will meet with you to review the circumstances of your employment and will provide you with an up-front case analysis.

Dedicated to preserving and protecting the rights of workers throughout San Diego, the employment misclassification attorneys at Ceartas Legal LLP will always address client communications promptly. Additionally, you will always be kept up to date regarding the status of your case.

Call today to learn how we can help you!

Employee Misclassification Lawyer in San Diego

Employment Misclassification generally takes one of two forms:

Hourly Employees (non-exempt)

Due to financial motivations, employers will often engage in employment misclassification. For example, hourly (non-exempt wage earners) employees must be paid for each hour worked, are entitled to overtime pay, and must be provided with meal and rest breaks in accordance with California law.

A knowledgeable employment attorney at Ceartas Legal LLP can review your job duties in comparison with your official job status to determine if misclassification has taken place. California law differs from Federal laws defining the difference between exempt and non-exempt employees.

As a result, when faced with an employment misclassification dispute, large companies that maintain out of state headquarters will often refer to Federal law to justify their misdeeds. However, California law often applies and employers face extensive fines and monetary damages for employee misclassification.

Salaried Employees (exempt)

Exempt (non-salaried) employees who receive a salary are properly designated based upon the type of work they perform and whether they are expected to make independent decisions within the course and scope of the employment.

The following are examples of those who may be properly designated as exempt employees:

Salaried employees are expected to assume a greater level of responsibility in your employment. Those who must turn to their managers or directors to obtain approval or direction prior to carrying out their duties may not be properly classified as exempt employees. Only an experienced employment lawyer can analyze the totality of the circumstances to determine if employee misclassification has taken place.

If you need help from a San Diego attorney to figure out if you should be paid hourly or receive a salary, contact Ceartas Legal LLP at (619) 819-9396 or (619) 819-5120 to schedule your free, confidential in-office consultation.

San Diego Independent Contractor Misclassification Attorney

Independent contractors are individuals who generally work for more than one company and provide specialized or out-of-house services. They are not entitled to receive regular employee benefits such as healthcare, enrollment in the company’s 401k plan or pension plan, and taxes are not deducted from their pay. Independent contractors receive 1099s at the end of the tax year instead of W2s. If you need to find a San Diego lawyer to explain why you receive a 1099, contact Ceartas Legal LLP and one of our attorneys will meet with you to discuss the difference.

Additionally, employers are not required to provide family or medical leave, maintain workers compensation insurance for their independent contractors, pay into Social Security on their behalf, pay employment taxes to the state, or pay into the state unemployment insurance fund for these individuals. Finally, because independent contractors are generally paid on a per project basis, they aren’t entitled to receive overtime.   

Independent contractors are allowed to accept or reject projects at their own discretion, and determine how and where they will work when fulfilling the terms of their contract. Upon completion, their contract is complete. If a company wishes to retain their services for additional work, the parties will enter into a new contract.

Determining whether an individual is truly an independent contractor or is actually an employee depends on numerous factors. If you believe that you have wrongfully been classified as an independent contractor, it is crucial that you discuss the matter with a highly knowledgeable attorney. A skilled professional can review the terms of your employment and determine if you have been the victim of independent contractor misclassification.

Contact a San Diego Employment Misclassification Lawyer for a Free Consultation

San Diego employment attorneys at Ceartas Legal LLP have a record of success fighting to protect the rights of misclassified employees.

If you believe that your employer has misclassified your work status, contact an experienced employment misclassification lawyer online by completing our Employment Law Case Evaluation Form.  We will review your information and contact you to schedule a free consultation.

For immediate help, please call today at (619) 819-9396 or (619) 819-5120 to speak directly to an attorney.

Conveniently located in downtown San Diego, we represent clients throughout all of San Diego County. Employment law matters are taken on contingency - you don’t pay anything unless we obtain a judgment or settlement on your behalf.

Let us put our experience to work for you and help you obtain the monetary compensation to which you are entitled.